FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : GREEN ISLE FOODS LIMITED (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS CONFEDERATION) - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Dismissal of three members
BACKGROUND:
2. The dispute concerns what the Union claims is the wrongful dismissal of three Craftworkers. The workers had 16, 10 and 7 years' service respectively. The Union's case is as follows: in December, 2008, the Company made available on its IT system a folder called " Boardroom". Direct access was given to one engineer but it was available to anyone else in the Company by mapping the drive. In March, 2009, the engineer became concerned about a file which showed the planned termination of employment of six maintenance and he showed the file to his manager who in turn reported it to senior management. Company letters were issued to the engineer and another worker asking them to disclose their full knowledge of the "Boardroom" file and warning them that it was a serious matter which could lead to their dismissal. The Union replied to the Company stating that it was a Company error which gave the workers access to the file. Some days later the workers were dismissed.
The matter was referred to the High Court and proceedings continued for some months. In June, 2009, the Company started separate proceedings against three workers, including the two already mentioned, for having inappropriate material in their e.mail. The third worker was also suspended. At this stage the Union was seeking to have the issue of the "Boardroom" closed as it was taking so long. The High Court report issued in June, 2009, and, in the event, the three workers were dismissed on 10th July, 2009. The Union appealed the dismissals but, following an investigation, they were upheld.Pickets were placed on the Company's premises.
The Union referred the case to the Labour Court on the 6th October, 2009, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 4th December, 2009. The Company did not attend the hearing but was represented by IBEC. In a statement to the Court, the Company maintained thatit does not engage with Unions and that the Court was not the appropriate forum to hear the case. Its case is that the workers committed serious transgressions and that they were afforded all rights in the investigation and appeal hearings undertaken by the Company.
UNION'S ARGUMENTS:
3. 1. The dismissals by the Company were unwarranted and unreasonable.
2. The workers in the Company do not have access to the internet. They should not be penalised for e.mails forwarded from outside the Company. Following an investigation it was found that the I.T System at the Company was not secure or properly monitored.
3. All the maintenance staff have suffered a loss of wages through the dispute which has lasted 13 weeks so far.
RECOMMENDATION:
Having considered the uncontested submission of the Union the Court recommends as follows:-
- 1. On the information before it the Court is satisfied that the dismissals in issue were unjustified.
2. In the circumstances of this case the normal approach of the Court would be to recommend that the workers dismissed be reinstated without loss of pay.
3. The Court notes that the Union have revised its claim and is now seeking a financial settlement for those concerned.
4. The Court recommends that the parties engage, through an intermediary if necessary, with a view to agreeing an acceptable compensation package. This engagement should continue for one week following the date of this recommendation. If final agreement is not reached the matter should be referred back to the Court.
5. The current dispute should be ended on the terms set out above and there should be an immediate return to work. There should be no victimisation of any type on either side.
Signed on behalf of the Labour Court
Kevin Duffy
8th December, 2009.______________________
CON.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.